Sea Robin Pipeline Company, LLC

Second Revised Volume No. 1

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Effective Date: 12/31/2004, Docket: RP05- 87-000, Status: Effective

Original Sheet No. 184 Original Sheet No. 184 : Effective

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

17. FORCE MAJEURE

 

17.1 Effect of Force Majeure

 

In the event of either Sea Robin or Shipper being rendered

unable by force majeure to itself or a necessary third party to

wholly or in part carry out its obligations under the

provisions of the Service Agreement, it is agreed that the

obligations of the party affected by such force majeure, other

than the obligation to make payments thereunder, shall be

suspended during the continuance of any inability so caused but

for no longer period, and such cause shall, so far as possible,

be remedied with all reasonable dispatch.

 

17.2 Definition of Force Majeure

 

The term "force majeure" as employed herein shall mean acts and

events not within the control of the party claiming suspension

and shall include acts of God, strikes, lockouts or other

industrial disturbances, inability to obtain pipe or other

material or equipment or labor, wars, riots, insurrections,

epidemics, landslides, lightning, earthquakes, fires, storms,

floods, washouts, arrests and restraint of rulers and people,

interruptions by government or court orders, present or future

orders of any regulatory body having proper jurisdiction, civil

disturbances, explosions, breakage or accident to machinery or

lines of pipe, and the necessity of maintenance of or making

repairs to machinery, facilities or lines of pipe whether

scheduled or unscheduled, freezing of wells or pipelines, and

any other cause whether of the kind herein enumerated or

otherwise, not within the control of the party claiming

suspension and which, by the exercise of due diligence, such

party is unable to overcome. It is expressly agreed that in

the event Sea Robin has arranged for third party transportation

in connection with the Service Agreement, and such third party

transporter asserts force majeure, such event of force majeure

on the system of such third party shall constitute force

majeure for all purposes of the Service Agreement.

 

Nothing contained herein, however, shall be construed to

require either party to settle a strike against its will. Such

causes or contingencies affecting the performance by either